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Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose of Final Rule

 

The Environmental Control Board has amended its Department of Transportation Penalty Schedule found in Section 3-124 of Subchapter G of Chapter 3 of Title 48 of the Rules of the City of New York. The Department of Transportation issues violations for certain types of infractions against contractors who fail to provide adequate protection at worksites to ensure the safety of pedestrians and vehicles.  Although existing law allows fines for these infractions to be as high as $5,000, the current fine is set at only $400, and has been at that amount since 1995.  This amount is also relatively low compared to other DOT safety-related violations such as for failing to secure a steel plate.  The fine for that violation is $1,200 and reflects the danger to public safety that could occur from a steel plate that is not properly secured.

 

To maintain consistency across its safety related infractions, and to promote the safety of pedestrians and vehicles around a worksite, the Environmental Control Board (“ECB”) has promulgated a rule to increase the penalty for failure to provide adequate protection from $400 to $1,200.  The ECB has amended the default penalty for failure to provide adequate protection to be raised from $1,200 to $3,600.

 

The ECB held a public hearing on February 11, 2015 regarding amendments to its Department of Transportation Penalty (DOT) Schedule found in Section 3-124 of Subchapter G of Chapter 3 of Title 48 of the Rules of the City of New York. One representative from DOT and two (2) individuals from the public attended the public hearing. Neither of the individuals from the public presented testimony on the proposed rule at the February 11, 2015, public hearing. ECB received one written comment on the proposed rule regarding amendments to its DOT Penalty Schedule.  

 

Effective Date: 
Sat, 05/09/2015

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Wednesday, February 11, 2015
Proposed Rules Content: 

Statement of Basis and Purpose

 

The Department of Transportation issues violations for certain types of infractions against contractors who fail to provide adequate protection at worksites to ensure the safety of pedestrians and vehicles.  Although existing law allows fines for these infractions to be as high as $5,000, the current fine is set at only $400, and has been at that amount since 1995.  This amount is also relatively low compared to other DOT safety-related violations such as for failing to secure a steel plate, for example.  The fine for that violation is $1,200 and reflects the danger to public safety that could occur from a steel plate that is not properly secured.

 

To maintain consistency across its safety related infractions, and to promote the safety of pedestrians and vehicles around a worksite, the Environmental Control Board (“ECB”) is proposing a rule to increase the penalty for failure to provide adequate protection from $400 to $1,200.  The ECB is also proposing that the default penalty for failure to provide adequate protection be raised from $1,200 to $3,600.

 

Subject: 

ECB Proposed Rule concerning amendments to its Department of Transportation Penalty Schedule regarding the failure to provide adequate protection at worksites.

Location: 
NYC Environmental Control Board
66 John Street 10th Floor Conference Room
New York, NY 10038
Contact: 

Elizabeth Nolan- Marino at (212) 436-0708 or Jim Macron at (212) 436-0602